Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-03-16
THE JUDICIAL CONSTITUTIONAL
AMENDMENT,


poses that the Supreme Court shall, as now,
consist of seven Justices. When the first
vacancy occurs in the office of Chief Justice,
it is to be filled by election from among the
Justices, and by their votes. Why this
rule has not always prevailed with us-it
is so eminently wise-no one can explain
with credit to the State.
The term for Chief Justice, so
chosen, is fixed at four years. The
departments are to be retained. Under
our present system the concurrence
of three Justices in department
is necessary TO pronounce judg-
ment The amendment proposes to re-
duee the number to two, but requires the
presence Of three as essential to the trans
action of any business. The change is to
expedite the business of the Court, and
we believe will have that effect, by in
creasing the number of cases that may be
under examination at one time by either
of the two departments of the Court.
The Supreme Court Commission, while
retaining its present title, it is proposed
shall be devoted to the work of depart
ment, and given as full power to render
judgments as department of elected
Justices, and cases from the Commission
may be heard in bank, as in the case of
departments. But the Commissioners are
TO exercise no judicial functions except
when sitting in commission, and the Com
mission is to exist but four years, unless
the Legislature, by a two-thirds vote, and
with the Executive approval, extends the
time. As now constituted the Commits
sioners are little more than secre-
taries to the Court; their findings
of law must be reviewed by the
Court, and if that is well done, very little
expedition results from their labors. The
proposition, therefore, to give the Court
this third department-which it practically
is-to enable it to overtake its calendar
now far ahead of the tribunal, is good
one, and amounts to an increase of our
Supreme Court Justices to ten for the next
four years, and for such longer time as the
Legislature deems expedient This aug
mentation of the working force Of the
Court is necessity; and is really economic
in dollars and cents and in the time of lit
igants, and will hasten the breaking up of
the gorge of business upon the dockets.
1t is proposed that, as now, the Justices
shall be elected for twelve years At the
general election in 1890 three are to be
chosen by the electors for the full term,
and at the general election every fourth
year thereafter two are to be elected for
full terms, except that in every twelfth
year thereafter three shall be elected for
full terms. Under the present arrange
ment Justices were classified as to terms
by lot
A most important proposed change in
the organic law is that relative to disqual-
ifeation. As it stands, the Constitution
makes no provision for the displacement
Of Justice who, for any reason, becomes
incapaciated for duty, and the embarass-
ment occasioned by the omission, is famil-
lar TO all the people. Under the amend
ment, for mental or physical disqualified
ton any Justice may be retired upon
certifeation of incapacity being made to
the Governor by five of the seven Justices
When such certificate is presented to the
Governor, the office is to become vacant
Immediately, and the Justice so retired is
to receive a salary-pension of $3.50 a month
for the remainder of the term for which
he was elected The Governor is to fill
the vacancy by appointment for The unex-
pired term. In order, evidently, to
meet the present situation created by
the death of Chief Justice Morrison, the
amendment is made to read that if va
caney occurs in the Office of Chief Justice
before the expiration of the term of the
"present incumbent" the Governor is to
appoint Justice to hold office as JUS
tiee" until January, 1891.
If the Governor should fill the vacancy
under the Constitution as it now stands,
his appointee will remain Chief Justice
until the next general election, two years
hence, which would postpone by that much
the introduction of the system of having
the Chief Justice chosen by and from the
Justices. II, however, the Governor
should refrain from appointing for few
weeks longer, as it is believed
he will, and the amendment should
be adopted, he will then appoint Justice,
and the full bench of justices will elect
from among their number Chief Justice.
The amendment would have been more
commemorate II. after providing for the re
moyal of disabled members of the Court, it
had also provided that Justices thus re-
tired should be pensioned for life. 1t i'll be-
comes the State of California, after engag-
ing out the best part of mans life upon
lle Dupltluc bSllCl, III idouIc tildt may re-
suit in his physical or mental incapacity to
continue his service beyond a certain
point, to turn him adrift upon the world
Such a Justice cannot return to the prac-
tice Of the law, and he is not adapted by
the habit of his life to any other vocation.
For the few remaining years left to him be
should be given fair income from the
bounty of the State By such policy we
would command the best talent for the
chief tribunal of the State, and give men
Of ability to understand that in their old
ace and in6rmity the State, however well
it may have paid for their services, viii
not abandon themselves and families to
possible want. But this desirable end we
cannot now attain, and the amendment
proposed is 50 much better than the pres
ent provisions of the Constitution, that it
must commend itself to every voter of IN